Private counsel
rajesh
(Querist) 25 March 2013
This query is : Resolved
i read a very old post of Adv Archana, "In case of private complaint you can fight your own case but if the private complaint gets converted into a state case or in a state case itself, you cannot conduct the case as an advocate. The reason for this is that in a state case the offence is againt the whole society and the STATE is the complainant. The STATE is represented by the public prosecutors. However you can file a vakalatnama of a private lawyer of your choice, who will ASSIST the public prosecutor in the case and can file written arguments. In case if you want your case to be wholly conducted by an advocate of your choice then, you'll have to first obtain permission from the state govt. in respect of the same and that adv. should have a standing practise of at least 10 yrs" If the above said procedure is not being followed in a criminal case and the private counsel is doing MORE THAN just ASSISTING the APP, then what can be done to protest? Also, any citations on same or CrpC act?
R.K Nanda
(Expert) 25 March 2013
state real facts.
rajesh
(Querist) 26 March 2013
real facts...the complainant in 498a has hired a private lawyer, who is proceeding with the case which is not the procedure set out in either 301 or 302 ... hence want citations to stop them from doing that.
Moreover, the crPc says during or post trial stage, in the concerned case, even the charges have not been yet framed !
Raj Kumar Makkad
(Expert) 26 March 2013
Search the relevant judgment from google or from indiankanoon.org
